Next legal terms. After issuing a judgment, the judge may impose a sentence on a guilty defendant, award damages to the prevailing party in a civil lawsuit, or issue a . FINAL CONSENT JUDGEMENT Plaintiffs, the United States of America and the State of Florida, having filed their Verified Complaint on May 5, 1994, and Plaintiffs and Morton Plant Health System, Inc. and Trustees of Mease Hospital, Inc., by their respective attorneys, having consented to the entry of this Final Consent Judgment without trial or adjudication of any issue of fact or law, and . Evident partiality by an arbitrator appointed as a neutral arbitrator; 2. Within two business days following execution of a definitive agreement, contingent upon compliance with the terms of this Final Judgment, to effect, in whole or in part, any proposed divestiture pursuant to Sections IV or VI of this Final Judgment, Defendant or the trustee, whichever is then responsible for effecting the divestiture, shall notify Plaintiff of the proposed divestiture. This action was commenced on December 1, 1994, when the United States, the State of Maryland ("Maryland") and the State of Florida ("Florida") filed a Complaint alleging that the acquisition by Browning-Ferris Industries, Inc. ("BFI") of the ordinary voting shares of Attwoods plc ("Attwoods") violated Section 7 of the Clayton Act because the effects of the acquisition may be substantially to lessen competition in interstate trade and commerce for small containerized hauling services in the following relevant markets: the greater Baltimore, MD metropolitan area; Broward County, FL; Chester County, PA; Clay County, FL; Duval County, FL; Polk County, FL; the Southern Eastern Shore of Maryland; Sussex County, DE; and Western Maryland. In light of the foregoing, Sunbeam is entitled to the entry of Final Judgment of Tenant Removal/Eviction, termination of the Lease and award of the possession of the Subject Property consistent with the Lease and Florida law. Rule 7 and/or Florida Rule of Civil Procedure 1, moves for summary disposition and/or summary judgment in its favor and against Plaintiff and entry of Final Judgment. K. The terms "Auction Procedures" and "California Auction Procedures" mean the auction procedures set forth in a decision addressing Enova's application under section 851 of the California Public Utilities Code to divest the Divestiture Assets. The proposed Final Judgment requires BFI to divest certain Attwoods' assets in Chester County, PA; Clay County, FL; Duval County, FL; the Southern Eastern Shore of Maryland; Sussex County, DE; and Western Maryland. The United States shall take all appropriate and necessary steps to keep the information received pursuant to this section confidential. Rule 55(c) is amended to make plain the interplay between Rules 54(b), 55(c), and 60(b). by clicking the Inbox on the top right hand corner. The plaintiff must typically take one more step and ask for a final judgment against you after default is entered. C. After the appointment of the trustee becomes effective, the trustee shall have the right to sell the Divestiture Assets. 8:2010cv00922 - Document 10 (M.D. Judge WALKER, STEPHEN presiding. Integrale Investments Llc, Accessing Verdicts requires a change to your plan. Your recipients will receive an email with this envelope shortly and In the event that Defendant's total retail electricity sales at any point exceed 8,000 MW capacity, the total capacity ownership limit in Section V(B)(1) of this Final Judgment will be increased up to 10% of such retail electricity sales. In Florida, a party in most cases has 20 days to answer a lawsuit. A motion for summary judgment under Florida law is a document that's ultimately used to bring a case to a close or move it forward within the legal system. That explanation is incorporated here by reference. The United States shall take all necessary steps to keep the information received pursuant to this section confidential. Such prior approval shall be within the sole discretion of the United States. 16(b). Enova must complete the divestiture as soon as practicable after receipt of all necessary government approvals, in accordance with the procedures specified in the proposed Final Judgment. If you wish to keep the information in your envelope between pages, The Complaint states a claim upon which relief may be granted against Defendant under Section 7 of the Clayton Act, as amended. Defendant has informed Plaintiff that Defendant consents to the entry of the Final Judgment in this matter. Subject to a customary confidentiality agreement, the trustee and any consultants, accountants, attorneys, and other persons retained by the trustee shall have full and complete access to the personnel, books, records, and facilities related to the Divestiture Assets, and Defendant shall develop such financial or other information relevant to the Divestiture Assets to be divested customarily provided in a due diligence process as the trustee may reasonably request. Each such affidavit shall also include a description of the efforts that Defendant has taken to solicit a buyer for the Divestiture Assets and to provide required information to prospective purchasers, including the limitations, if any, on such information. "After entry of an arbitration award, a party to the arbitration may move in circuit court for an order confirming the award." (Timmons v. Lake City Golf, LLC (2020) 293 So. Enova may reject any bid submitted by any party for all or part of the Divestiture Assets if the bid offers consideration in an amount less than the book value of such assets as reflected on the most recent regularly prepared balance sheet of Enova at the time the bid is submitted; provided, however, that nothing in this section shall prevent the CPUC from setting a minimum bid price or rejecting any bid on the basis of price or otherwise. The California Auction Procedures shall be deemed to satisfy this requirement. this occurs, entry of default and default judgment typically are performed at the same time. The notice shall set forth the details of the proposed transaction and list the name, address, and telephone number of each person not previously identified who offered to, or expressed an interest in or a desire to, acquire any ownership interest in the assets that are the subject of the binding contract, together with full details of same. Counsel need only file a motion for entry of final judgment after default and set the motion for hearing. "Operates" includes full operational and pricing control over all such facilities and total authority to determine whether and how much capacity is available in the intrastate pipeline, whether curtailment of transmission service is required on any part of that system, whose service is curtailed, and the prices to be charged. Defendant is enjoined from acquiring California Generation Facilities without prior notice to and approval of the United States. The United States shall, in its sole discretion, determine whether the documentation proffered by Enova is sufficient. The United States shall have thirty days from the date it receives a copy of a bid to notify Enova that the potential bid is unacceptable with respect to any of the Divestiture Assets specified in the bid; provided, however, the United States may extend the thirty-day review period for any such bid for one additional thirty-day period by providing written notice to Enova; provided further, in all cases the period for review of potential bids by the United States shall expire no later than the earlier of five days prior to the date set by the CPUC for submission of the proposed winning bid by Enova or the thirty-day period (with one possible thirty-day extension) described above. Defendant is hereby ordered and directed, in accordance with the terms of this Final Judgment, and specifically in accordance with the schedule in this section, to divest the Divestiture Assets to a purchaser or purchasers acceptable to the United States, in its sole discretion. Within thirty calendar days after receipt of the notice or within twenty calendar days after Plaintiff has been provided the additional information requested from Defendant, the proposed purchaser, any third party, and the trustee, if there is one, whichever is later, the United States shall provide written notice to Defendant and the trustee, if there is one, stating whether or not it objects to the proposed divestiture. I hereby certify that on this date I have caused to be served by first class mail, postage prepaid, or by hand, if so indicated, a copy of the foregoing Motion for Entry of Final Judgment upon the following person, counsel for defendant in the matter of United States of America v. Browning-Ferris Industries, Inc.: Martha J. Talley D.C. Bar No. Lawsuit Forms Summons Complaint Answer a Lawsuit Motion to Dismiss Admissions Interrogatories Production Motion to Compel Entry of Default D. Defendant shall preserve all records of all efforts made to preserve and divest the Divestiture Assets. Defendant shall take all steps necessary to ensure that the Divestiture Assets will be maintained and operated as an ongoing, economically viable and active competitor in the provision of electricity; and that, except as necessary to comply with Sections X (B) to X (K) of this Final Judgment, the management of any electricity generating facilities shall be kept separate and apart from the management of Defendant's other businesses and will not be influenced by Defendant, and the books, records, and competitively sensitive sales, marketing and pricing information associated with electricity generating facilities will be kept separate and apart from that of Defendant's other businesses. Your credits were successfully purchased. enter it as a final Judgment. F. In accomplishing the divestiture ordered by this Final Judgment, Defendant promptly shall make known, by usual and customary means, the availability of the Divestiture Assets. 9 A corollary to this general principle is that a motion for fees should be filed soon after judgment, even where an appeal is taken. Your subscription was successfully upgraded. E. "Control" means to have the ability to set the level of output of an electricity generation facility. D PLAINTIFF'S MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C.A. This is one lesson of Fricker v. Peters & Calhoun Co., 21 Fla. 254 (1885). There, the Florida Supreme Court . Entry of this Final Judgment is in the public interest. At the time of such approval, the settlement between the parties is final. 18 (West 1997). See Section 55.10, Florida Statutes, for additional information on perfecting a judgment lien on real property. (1) Upon motion of a party to an arbitration proceeding, the court shall vacate an arbitration award if: (a) The award was procured by corruption, fraud, or other undue means; (b) There was: 1. proposed Final Judgment state, the defendant has agreed to pay civil penalties totaling $250,000 within thirty days of entry of the Final Judgment. CASE STYLE (Name of Court) Plaintiff . STATE OF MARYLAND by and through its Attorney General J. Joseph Curran, Jr.. Pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. Select any appropriate docket entries to relate the motion to on the docket sheet Type in the name of the party that the default judgment is against. Motion for Entry of Default Final Judgment Case (s): U.S. v. Scuba Retailers Association Date: Wednesday, April 17, 1996 Document Type: Motions and Memoranda - Miscellaneous This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). However, if the motion for new trial, motion for rehearing, or other post-trial motion was either untimely or not specifically allowed by the rules of procedure, the 30-day deadline to file an appeal will not be extended in any way, and will instead run from the date of the final order or judgment as usual (and not from an order ruling on the . B. Therefore, the United States respectfully requests that the proposed Final Judgment annexed hereto be entered as soon as possible. Plaintiff requests the court review this complaint and grant this motion for order to show cause for entry of final judgment of foreclosure, and grant such further relief as may be awarded at law or in equity. At the same time, the United States, Maryland, and Florida filed a proposed Final Judgment, a Stipulation signed by the parties stipulating to entry of the Final Judgment, and a Hold Separate Stipulation and Order. A. Accessing Verdicts requires a change to your plan. allegations / or separate affidavit if Children) _____ Restoration of former name pled? G. The terms "Enova" and "Defendant" mean Enova Corporation, a California corporation headquartered in San Diego, California, and includes its successors and assigns, and its parents, subsidiaries, directors, officers, managers, agents, and employees acting for or on behalf of any of them. If the form you are looking for is not available on this site, consider searching the Florida Courts or other websites. B. In deciding a Rule 54 (b) motion, a court must first find that there has been a final judgment. Your subscription has successfully been upgraded. 2. Washington, D.C. 20006 (202) 862-1014, U.S. and Plaintiff States v. Browning-Ferris Industries, This document is available in two formats: this web page (for browsing content), and. The Certificate of Compliance filed by the United States with this Court simultaneously with this motion demonstrates that the requirements of the APPA have been met. C. Defendant shall use its best efforts to accomplish the divestiture as expeditiously as possible, but in any event within the schedule set forth in Section IV(E) below. Settlement Receipts . H. Defendant shall continue all efforts in progress to obtain or maintain all permits necessary for operating their electricity generating capacity. CONCLUSION Based on the foregoing analysis, the Plaintiff's Motion for Final Summary Judgment should be granted. Motion for Final Judgement. The Final Judgment may be entered at this time without further hearing, if the court determines that entry is in the public interest. Entry of ex parte orders are very much disfavored in the law. The forms provide a certificate of The acquisition is thus likely to lessen competition substantially among providers of electricity, and so violate Section 7 of the Clayton Act. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, STATE OF FLORIDA by and through its Attorney General Robert A. Butterworth, and. Your alert tracking was successfully added. C. "California Public Power Generation Management Services Contract" means a bona fide contract for managing the operation and sale of output from California Generation Facilities owned by a municipality, an irrigation district, other California state authority, or their agents on January 1, 1998; provided, however, that a contract for managing the operation and sale of output from generation assets of LADWP shall not be deemed a California Public Power Generation Management Services Contract. Autec v. Southlake Holdings, LLC, 171 N.C. App. I. 246330 Dewey Ballantine 1775 Pennsylvania Ave., N.W. 16 (b)-(h), are not required in this action. The Portland General Electric Contract capacity (75 MW) shall be included in the calculation of whether the 500 MW cap has been reached (reducing the total available to 425 MW), unless and until the Portland General Electric Contract terminates or is divested. Due process requires strict compliance with any agreement that permits the entry of an ex parte judgment. 16(e) and to enter the Final Judgment. (b) Property Recovery. C. No information or documents obtained by the means provided in Section VIII or Section XI of this Final Judgment shall be divulged by a representative of the Plaintiff to any person other than a duly authorized representative of the Executive Branch of the United States, except in the course of legal proceedings to which the Plaintiff is a party, including grand jury proceedings, or for the purpose of securing compliance with this Final Judgment, or as otherwise required by law. Defendant shall make available such information to Plaintiff at the same time that such information is made available to any other person. "California Generation Facilities" means (1) electricity generation facilities in California in existence on January 1, 1998, excluding such facilities that are rebuilt, repowered, or activated out of dormancy after January 1, 1998, as long as such rebuild, repower, or activation out of dormancy project, if done by Defendant, begins within one year of purchase; and (2) any contract for operation and sale of output from generating assets of the Los Angeles Department of Water and Power ("LADWP"). Suite 4000 Washington, D.C. 20530 (202) 307-5777. Except as provided in Section VI, these divestitures shall occur through the Auction Procedures and shall be subject to necessary approvals by the California Public Utilities Commission ("CPUC") and other governmental authorities. K. Prior to the sale of Divestiture Assets, Enova shall not transfer any of the Divestiture Assets to any affiliate not regulated as a public utility by the CPUC. Final judgments after default may be entered by the court at any time, but no judgment may be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other representative who has appeared in it or unless the court has made an order under rule 1.210 (b) providing that no Subject to Section VI(D) of this Final Judgment, the trustee shall have the power and authority to hire at the cost and expense of Defendant any investment bankers, attorneys, or other agents reasonably necessary in the judgment of the trustee to assist in the divestiture, and such professionals and agents shall be accountable solely to the trustee. in the jurisdiction of Hillsborough County. The APPA requires The provisions of this Final Judgment apply to Defendant, its successors and assigns, parents, subsidiaries, directors, officers, managers, agents, and employees, and all other persons in active concert or participation with any of them who shall have received actual notice of this Final Judgment by personal service or otherwise. L. The term "Southern California" means the counties in California currently served by Pacific's gas pipelines. Many attorneys routinely file motions for rehearing directed toward non-final orders, believing they must do so within the 15 days set forth in Rule 1.530 and sometimes also believing that filing this motion for rehearing tolls the time to appeal. Your subscription was successfully upgraded. 18a (West 1997) ("HSR Act"), for each California Public Power Generation Management Services Contract it enters for which notice is required, Defendant shall provide notice thereof to the United States as follows: Notification shall be provided within five days of acceptance of the contract, and shall include copies of all contracts, the names of the principal representatives of the parties to the agreement who negotiated the agreement, and any management or strategic plans discussing the California Public Power Generation Management Services Contract that was the subject of the transaction. F. Interlocutory. Please wait a moment while we load this page. You can always see your envelopes An entry of default can come in two forms, an entry by the clerk or an entry by the judge. The APPA requires a sixty-day period for the submission of public comments on the proposed Final Judgment, 15 U.S.C. 16. Entry of the proposed Final Judgment would terminate this action, except that the Court would retain jurisdiction to construe, modify, or enforce the provisions of the proposed Final Judgment and to punish violations of it. The approvals by the United States required by this Final Judgment for sale of Divestiture Assets are in addition to the necessary approvals by the CPUC or any other governmental authorities for the sale of such assets. This was, after all, an ex parte motion for entry of final judgment. 305-275-1155. A. A summary judgment disposes of the entire case. Miami, Florida 33130. If you wish to keep the information in your envelope between pages, 16(e) (emphasis added). This is where doing nothing to defend yourself can hurt you. The trustee shall have the power and authority to accomplish the divestiture at the earliest possible time to a purchaser acceptable to the United States, in its sole judgment. Counter-Plaintiff. I. I hereby certify that I have caused a copy of the foregoing Plaintiff's Motion for Entry of Final Judgment to be served on counsel for Defendant and for Southern California Edison Company in this matter in the manner set forth below: J.A. MOTION FOR ENTRY OF FINAL JUDGMENT Pursuant to Section 2 (b) of the Antitrust Procedures and Penalties Act, ("APPA"), 15 U.S.C. The United States filed Comments on the Proposed Final Judgment and the United States' Response to the Comments on March 2, 1995. The Stipulation provides that the proposed Final Judgment may be entered by the Court after the completion of the procedures required by the APPA. will be able to access it on trellis. A Certificate of Compliance, certifying that the parties have complied with all applicable provisions of the APPA and that the waiting period has expired, has been filed simultaneously with this Court. 12-034123 (07) . Adding your team is easy in the "Manage Company Users" tab. The Clerk has entered a default on February 5, 2014, against Defendant Angela Marino. Official websites use .gov B. Question: Did the trial court abuse its discretion when the senior judge "Portland General Electric Contract" means the contracts, dated November 15, 1985, for 75 MW of firm capacity and associated transmission. FL Statute: 12.930 (a) Packets: n/a. D. Defendant shall provide and maintain sufficient lines of sources of credit to maintain the Divestiture Assets as viable, ongoing businesses. The Motion for Default would contain a heading entitled "Plaintiff's Motion for Clerk to Enter Default" and would detail that the she filed suit against the defending party, that they failed to respond to the complaint, that it has been over twenty days since the complaint was filed. For example, assume that a plaintiff sues a defendant asserting claims for breach of contract, negligence, and assault. At or anytime after the appointment of the trustee, if either party believes a conflict may exist between this Final Judgment and an order of the CPUC relating to the Divestiture Assets, that party may move the Court for a resolution of the conflict in light of the status of any relevant CPUC proceeding and the purpose of this Final Judgment. DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT. WHEREFORE, pursuant to the terms of the Settlement Agreement and Order, the Plaintiff demands entry of a Final Judgment against Thomas Ritzmann and Cindy Aylsworth, Joint and severely in the amount of $846,216.25, plus interest, attorney's fees and costs. Pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C.A. Share sensitive information only on official, secure websites. 3d 596, 598 citing 682.15, Fla. Stat. Chapter 501, Florida Statutes, 501.201 et. WHEREFORE Plaintiff requests this Court grant its motion, taxing costs against the Defendant, and enter a Final Judgment on Garnishment ordering Garnishee to pay to the Plaintiff all sums withheld up to the Your alert tracking was successfully added. will be able to access it on trellis. Enova shall provide to the United States copies of all bids and any other documents submitted by any potential purchaser pursuant to the Auction Procedures. The United States does not believe that the procedures of the Antitrust Procedures and Penalties Act ('CAPPA''), 1 5 U.S .C. 4. B. application or motion for additional relief within the jurisdiction of this Court, and will How to Structure the Motion. E. Defendant shall provide and maintain sufficient working capital to maintain the Divestiture Assets as viable ongoing businesses. try clicking the minimize button instead. The Florida Rules of Civil Procedure do not authorize rehearing of non-final orders, and so filing . "Pacific" means Pacific Enterprises, a California corporation headquartered in Los Angeles, California, and includes its successors and assigns, and its parents, subsidiaries, directors, officers, managers, agents, and employees acting for or on behalf of any of them. A .gov website belongs to an official government organization in the United States. Helmich v. Wells Fargo Bank, N.A., 136 So.3d 763, 765 (Fla. 1 st DCA 2014). Pcgl Llc, Track Judges New Case, Fawcett Memorial Hospital (Alias) What Is a Motion for Judgment Notwithstanding the Verdict. Upon publication of the comments and the Response in the Federal Register on March 13, 1995, the procedures required by the APPA prior to entry of the proposed Final Judgment were completed. fair, adequate, and reasonable. Plaintiff's counsel to remove the Final Judgment from the official records, Plaintiff's Filing # 23812579 E-Filed 02/16/2015 04:01:58 PM. You will lose the information in your envelope, FAWCETT MEMORIAL HOSPITAL et al vs LLOYD MD, BETH. Perkins, No. Rule 1.570 - ENFORCEMENT OF FINAL JUDGMENTS (a) Money Judgments. After a hearing, the trial court denied the motion to set . We have notified your account executive who will contact you shortly. Form 1.988 Judgment After Default SAVE TO PDFPRINT (a) General Form. This is the formal written document about the outcome of a lawsuit. A sample motion for clerk's default that a plaintiff may use in a Florida circuit court civil action to obtain the entry of a clerk's default against a defendant that failed to timely respond to the complaint and failed to file or serve any document in the action. Defendant, DEFENDANT (hereinafter "Defendant"), pursuant to Florida Small Claims. A default judgment awards the plaintiff reasonable damages requested in the complaint. You have only 30 days from this date to file a motion to vacate the judgment or appeal the judge's decision. For full print and download access, please subscribe at https://www.trellis.law/. The trustee shall have the power and authority to accomplish the divestiture at the best price then obtainable upon a reasonable effort by the trustee, subject to the provisions of Sections VI and VII of this Final Judgment, and shall have such other powers as the Court shall deem appropriate. We noticed that you're using an AdBlocker, MOTION - FOR ENTRY OF FINAL JUDGMENT CONFIRMING ARBITRATION AND ENTRY OF FINAL JUDGMENT. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. The Final Judgment will remedy the anticompetitive effects of the challenged transaction by requiring the divestiture of the Divestiture Assets. 3. G. Defendant shall not interfere with any negotiations by any purchaser to employ any employee of the Defendant necessary to the operation of Divestiture Assets. 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